Responding to Proceedings

Question 1

What are the Defendant’s Options when Responding to a Claim?

Answer 1

• File an Admission;
• File a Defence; or
• File an Acknowledgment.

One files an Acknowledgement when they seek more time to plan a Defence.

Question 2

By when must the Defendant File and Serve a Response?

Answer 2

Within 14 Days of the Particulars of Claim being Served.

CPR 15.4.

In Specialist Divisions, rules may differ, so always consult relevant guidance.

Question 3

What is the Defendant’s Deadline to File and Serve a Response following an Acknowledgment?

Answer 3

28 Days from the Particulars of Claim being Served.

In other words, 2 Weeks are added to the Original Deadline.

Question 4

What must an Acknowledgement contain?

Answer 4

• Confirmation of name and address.
• Confirmation of intent to address the Claim in whole or in part.
• Optionally, confirmation of intent to contest jurisdiction.

Question 5

How else may the Deadline to File and Serve a Response be extended?

Answer 5

Unilateral, Claimant:

• The Claimant applies for Summary Judgment.
• The Claimant Serves the Claim Form interjurisdictionally.
• The Court orders Service of a Claim Form on the Agent of an Overseas Principal and specifies a distinct Deadline.

Unilateral, Defendant:

• The Defendant Applies to Court for an Extension.
• The Defendant Applies to contest the Court’s Jurisdiction.

Bilateral:

• The Parties agree an extension of up to 28 Days.

CPR 15.5, 15.4(2).

The Court must be notified in writing of an agreement to extend.

Question 6

When will a Court allow an Application to Extend the Deadline to File and Serve?

Answer 6

When the reasons stated and its implications for the Claim do not conflict with the Overriding Objective.

Question 7

If a Defendant Admits a Claim, what should the Claimant’s Next Steps be?

Answer 7

File a Request for Judgment within 14 Days of receiving the Admission.

Question 8

If a Defendant Admits a Claim, what should their Next Steps be?

Answer 8

• Request time to pay from the Court; and
• Enter into a Settlement Agreement with the Claimant.

Settlements are preferrable because judgments for money are placed on a public register for six years, harming one’s reputation and credit rating.

Question 9

In Specified Claims, what will the Judgment comprise?

Answer 9

• The Claim Value, with interest.
• Court fees; and
• Fixed costs.

Question 10

What are the Rules for Counting Time?

Answer 10

Never Count the First Day:

• The Day a period begins is never included. Always start counting from the following Day.

Never Count the Last Day if it Marks an Event:

• If the end of a Period is defined by an Event, like a Hearing, do not count it.

Use Business Days for Periods Under 6 Days:

• Business Days are the default unit of measurement for Periods under 6 Days.

Postponement to Next Opening when the Court is Closed:

• If a Party must perform an action in Court by a specific Date, but the Court is closed thereon, the Deadline is extended to when the Court is next open.

CPR 2.8.